Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

The defendant is a person who resides in Daegu North-gu C apartment 102 Dong 205.

피고인은 2014. 8. 5. 06:35경 피고인의 주거지 아래 층인 위 아파트 102동 105호에서, 피고인의 아들 D가 새벽부터 쿵쿵 거리며 층간소음을 발생시키는 것에 대하여 위 105호에 거주하는 피해자 E이 피고인의 집에 찾아와 조용히 해 줄 것을 요구하며 시정되지 않으면 112신고를 하겠다는 말을 하고 내려간 것을 항의하기 위하여, 피해자 E의 동의도 얻지 않고 열려진 현관문을 열고 마루까지 들어가 항의하는 등 소란을 피워 피해자 E의 주거에 침입하였다.

Summary of Evidence

1. Partial statement of the defendant;

1. The application of each legal statement of the witness E and F [the defendant and his defense counsel denies the entry into the victim's residence by asserting that he had entered the victim's residence with the consent of the resident of the victim's residence, but according to the consistent statement of the witness E and the witness F's statement in lieu of the witness E, it is sufficiently recognized that the defendant entered the victim's residence without the consent of the victim or the resident

1. Article 319 (1) of the Criminal Act applicable to the crime;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. According to Article 334(1) of the Criminal Procedure Act, the punishment as ordered shall be determined by comprehensively taking into account the following circumstances: (a) the Defendant’s reason for sentencing under Article 334(1) of the Provisional Payment Order intrudes with the victim in conflict with the victim due to inter-floor noise problems; (b) the time the Defendant was entering a residence; and (c) the Defendant’s primary offender; and (d) the motive, background, means and methods of the instant crime; (c) the circumstances before and after the instant